2- Assumptions
Within the framework of the problems of the humans right, the
International Court of Justice plays an incidental part, taking into account
not only the missions which are assigned to him by its Statute and the Charter
of the United Nations, but also because of the political implications which the
disagreements of the humans right cause. Indeed, the role of the Court is that
to interpret the international law and the practice of the States in the event
of disagreement. What means that the Court does not have a competence
specialized as regards the humans right.
has - Principal assumption
Although it intervenes in an incidental way, the International
Court of Justice plays a determining part as regards protection of the humans
right taking into consideration the international law and practice of the
States.
b- Secondary assumptions
· At the time of its interventions, the Court worked out
certain constraining standards in favor of human dignity to knowing :
the juice cogens, the obligations erga omnes or elementary
considerations of humanity.
· The Court intervenes efficiently with the pacification
of the international company and the emergence of the new fields of
international law like the right to the environment and of the right to
health.
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